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TERMS AND CONDITIONS

Terms and Conditions of use of the online store hosted by the website www.marsay.com

1. General information
2. Registration and ordering
3. Product availability
4. Product price and payment method
5. Delivery conditions
6. Receiving orders and replacing products
7. Transfer of ownership of products
8. Right of withdrawal
9. Liability and disclaimer
10. Warranty
11. Intellectual property
12. Assignment and subcontracting
13. Security of personal data
14. Applicable law and jurisdiction

1. GENERAL INFORMATION

1.1. This document establishes the terms and conditions governing the use of the website www.marsay.ro and the purchase of products through the online store made available to buyers through this website.

1.2. Visiting, using or ordering the products viewed on the website www.marsay.ro implies acceptance of these Terms and Conditions. For the proper use of the website, we kindly ask you to read these Terms and Conditions carefully and in full.

1.3. The online store (www.marsay.ro) will honor all orders received from Buyers within the limits of availability or the possibility of fulfilling the order and under the conditions in which these Terms and Conditions, which are mandatory, have been accepted.

1.4. We reserve the right to make changes to these Terms and Conditions or to the website www.marsay.ro without prior notice, such changes becoming mandatory and effective immediately for all users. You are responsible for regularly reading the Terms and Conditions of our website, each time the version in force at the time of concluding the contract or using the website will apply.

1.5. By placing and accepting an order on our website, you (hereinafter referred to as the Buyer) will become a contractual customer of the company Marsay Concept SRL (hereinafter referred to as MARSAY).

1.5.1. ORDER: represents the electronic confirmation generated as a result of accessing the Online Store by a Customer and through which he has transmitted to MARSAY his intention to purchase products from the Online Store. An order will acquire contractual value only at the moment of its express acceptance by MARSAY (by issuing a delivery confirmation) and only if the order price has been collected by MARSAY.

1.5.2 CONTRACT: represents an order confirmed by MARSAY and by which the latter agrees to deliver to the Customer the ordered Products (and only those ordered), in exchange for the price confirmed by the customer at the time of placing the order. The contract will be considered concluded only when the delivery confirmation of the ordered products is sent to the buyer.

1.6. The sole trader of the products presented on this website www.marsay.ro (hereinafter referred to as the Online Store) is Marsay Concept SRL.

1.7. Company information:
Name: Marsay Concept SRL
Registered office: Grigore Gafencu 78-84, E2Bis, Sector 1, Bucharest
Serial number in the Trade Register: J40/5220/2016
Unique Registration Code: 33492635
Phone: 0741 189 973 / 0752 058 585
Email: orders@marsay.ro

2. REGISTRATION AND ORDER

2.1. Buyers can place orders both through the online store and by phone or by e-mail. Any order placed by phone or by e-mail will be transposed by our operators as an order through the online store - meaning that a customer account will be created for you, the access data of which will be communicated to you by e-mail (to the address you will communicate to us).

2.2. For telephone orders, call the following phone numbers:
0741 189 973 / 0752 058 585

2.3. To order by email, send the order to the following address: orders@marsay.ro , specifying the product code, color, size and your data (name, address, phone, email), necessary for billing and delivery.

2.4. Placing an order through the online store requires prior registration (in the form of a customer account), by entering your data on our website. Access to place an order is allowed to any user/visitor of our website. By placing an order, you declare that you are over 18 years of age and that you meet the legal requirements to be a buyer.

2.5. When using the service, you will only provide true, accurate, current and complete information, which you authorize us to use to process your orders and to contact you. If we consider that this obligation has been violated, we reserve the right to block access to the use of the service, for a fixed or indefinite period, without any prior notice.

Thus, MARSAY reserves the right to deny access to some users to some or all of the functions of the online store or to restrict the processing and/or delivery of an order if, based on the conduct or activity on the site, it considers that the user in question could harm MARSAY's interests through his actions. The assessed risks may be represented by: placing orders based on false information/identities, fraud of accepted payment methods, any actions carried out in bad faith and which affect/fraud the functions of the online store or have/may jeopardize the performance of the IT system. Depending on the severity of the assessed risk, MARSAY reserves the right to inform the competent authorities in order to order the necessary measures.

In any of these cases, the user may contact MARSAY to be informed of the reasons that led to the application of the restrictions in question.

3. PRODUCT AVAILABILITY

3.1. All orders submitted are subject to the availability of the ordered products. Not all products presented in the online store are in stock.

3.2. After submitting an order, you will receive from us, at the e-mail address indicated when activating your customer account, at least the following information:
3.2.1. Product availability data;
3.2.2. If the product is not in stock, data regarding the possibility of making the product to order;
3.2.3. If the product is not in stock, the deadline by which it can be made to order;
3.2.4. If the product is in stock or can be made to order, the deadline by which delivery will be made.

3.3. In the event of supply difficulties or if the products ordered are no longer in stock, we reserve the right to offer you similar products of equal quality and value. If you do not wish to order these similar products, the amounts of money you have paid under the order that cannot be fulfilled will be fully refunded to you, in which case we will have no further liability to you or to any third party.
3.4. To find out more details about the products, including estimated delivery times, click on the image of the desired product. On the right side of the image that will be displayed on the page that will open, you will find detailed information about the product. If you have any additional questions, please contact MARSAY at the following address: orders@marsay.ro

4. PRICE OF PRODUCTS AND METHOD OF PAYMENT

4.1. The price of each product will be that mentioned on the website and always refers to the price per piece. No price change will affect orders already launched and for which an electronic confirmation of receipt from MARSAY has been generated.

4.2. All prices for products presented on the website are expressed in lei (RON) and include value added tax, but do not include delivery costs outside the coverage area of ​​the Urgent courier company or outside Romania.

4.3. A VAT invoice will be issued for each order, which will contain all the mandatory legal information.

4.4. Payment for ordered products will be made as follows:
4.4.1. 100% at the time of order placement;
4.5. Payment methods:
For individuals:
4.5.1. By bank card
4.5.2. Through the Card Avantaj system – service offered by Credit Europe Bank (maximum 4 installments) or Bonus Card – service offered by Garanti Bank (maximum 4 installments).
For legal entities:
4.5.3. Bank transfer, based on the proforma invoice issued by MARSAY. A copy of the payment order certifying the payment will be sent to MARSAY at orders@marsay.ro.

4.6. In the case of electronic payments, MARSAY is not/cannot be held responsible for any other additional costs incurred by the buyer, including but not limited to: commissions of any kind, differences resulting from currency conversion (if applicable), etc.

5. DELIVERY CONDITIONS

5.1. The delivery of the products ordered by the Buyer will be made to the address specified by the Buyer at the time of placing the order or directly to the MARSAY showrooms in Bucharest, Cluj and Constanta. Any change to the initially specified address/delivery method can be made by expressly informing MARSAY (by e-mail sent to orders@marsay.ro within 24 hours of placing the order).

5.2. Delivery to the address specified by the Buyer will be made by the express courier company Urgent Curier, between 09:00-17:00, on working days. The courier company representative will try to contact the buyer by phone in advance. If the package cannot be delivered, the courier company staff will leave a notice, after which they will try to deliver again. We will always provide the couriers with all the information received from you regarding the specified delivery address and any other mentions made when placing the order, but we cannot verify whether these are always taken into account.

5.3. If the second delivery attempt fails for reasons beyond our control, we will try to find a safe place to temporarily store the package. From this date, you have a maximum of 15 calendar days to request a new delivery, the cost of which will be fully borne by you, according to Urgent Curier's pricing policy. If the delivery is not requested or cannot be made within the 15 calendar days, we will qualify the refusal to take it over as your intention to cancel the contract, which will be considered terminated, the price paid being retained by MARSAY as compensation.

5.4. In the case of products delivered to MARSAY showrooms, we reserve the right not to store products for periods longer than 3 months from the date set for delivery, even if they have been paid in full. If delivery cannot be organized within the 3 months, we will qualify this as your intention to cancel the contract, which will be considered terminated, the amounts of money already paid being retained by MARSAY as compensation.

5.5. International deliveries will be made through the following courier companies: UPS, FEDEX, DHL. The delivery costs for international deliveries will be borne by the Buyer and are in the amount of 50 EUR (VAT included), regardless of the destination.

5.6. If your order contains multiple products, it is possible that they will be delivered in multiple installments.

5.7. Subject to the provisions of art. 3, regarding the availability of products, we will make every effort to process your order by the date specified in the delivery confirmation. However, delays may occur due to either unforeseen events or the objective extension of the time required to manufacture the products in accordance with your specifications.

6. RECEIPT OF ORDERS AND REPLACEMENT OF PRODUCTS

6.1. Upon receipt of the order, the buyer will check each item contained in the package and ensure that the products correspond to the specifications in the order and the invoice. In case of any inconsistencies, the Buyer will contact MARSAY (within a maximum of 12 hours from receipt of the order) to resolve them.

6.2. If the delivery is complete, the buyer will sign for its receipt. Any subsequent complaint will not be taken into account.

6.3. If the products are damaged/defective and this occurred before the order was taken over or during delivery, the buyer will notify MARSAY at orders@marsay.ro within 12 hours of receiving the package. In such situations, MARSAY will replace the defective products or offer a discount on their price, depending on the Buyer's option. If the product is replaced, the return policy in art. 8 below will become applicable. The defective product will be replaced with a compliant one, within a time interval equal to that of the initial order processing (calculated from the moment of receipt of the returned product), and the delivery costs (including for taking over the defective product) will be borne by MARSAY.

Once we receive the returned product, we will fully analyze it and inform you by email or phone about your right to have the product replaced or to have its value refunded.

6.4. If the size of the ordered products is not correct, the buyer will notify MARSAY about this situation at orders@marsay.ro. For such cases, the return policy described in art. 8 below will become applicable, MARSAY will replace the product with one of the appropriate size within a time interval equal to that of the initial order processing (calculated from the moment of receipt of the returned product), and the delivery costs will be borne by the Buyer.

However, in the case of custom-made or personalized products, based on the instructions and specifications communicated by the buyer, the costs of retouching/resizing the products will be borne by the buyer - according to MARSAY's pricing policy, except in the case of differences between the dimensions initially agreed/communicated and those of the delivered products. The same solution will be applied in the case of changes in body dimensions between the moment of communication/taking the measurements and the moment of delivery of the products. To the extent that retouching/resizing the product is not technically possible, the buyer will be obliged to pay in full and receive the product with an inappropriate size, it being his decision whether to launch a new order for a similar product, of the appropriate size.

A set of measurements taken by MARSAY specialists will be considered valid and will be applied to orders launched within the next 6 months from their taking. After the 6-month period expires, a new set of measurements must be performed.

Products cannot be exchanged in MARSAY showrooms unless this possibility has been agreed in advance.

6.5. The return request must be accompanied by the return form that can be downloaded from here:

7. TRANSFER OF OWNERSHIP OF PRODUCTS

7.1. Ownership of the products will be transferred upon delivery to the location and in the manner indicated in the Order, after the final payment has been made by the buyer. Delivery will be considered completed when you or a third party designated by you take physical possession of the ordered products, as demonstrated by signing the receipt documents provided by the representative of the Urgent Curier courier company. Any refund of the price, for any reason, made by us will have the direct and immediate effect of MARSAY re-entering ownership of the products.

7.2. All risks related to the products will pass to you from the moment of delivery.

8. RIGHT OF WITHDRAWAL

8.1. This chapter applies exclusively to purchases made through the online store by individual buyers or groups of individuals established in associations.

8.2. You have the legal right to withdraw from the contract, without giving any reason, within 14 calendar days from the date on which you or a third party indicated by you, other than the courier, acquires physical possession of the ordered products or, if several products were ordered in a single order to be delivered separately, from the date on which you or a third party indicated by you, other than the courier, acquires physical possession of the last product. This date can be verified and demonstrated by the delivery documents handed over by the courier. The withdrawal period will expire after the 14 calendar days mentioned above have passed.

8.3. To exercise your right of withdrawal, you must inform us using the contact details provided on the online store website of your decision to withdraw from this contract, using an unequivocal statement, for example, a letter sent by post, fax or e-mail. You may also use the withdrawal form; however, its use is not mandatory.

8.4. To meet the withdrawal deadline, it is sufficient to send the communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.

8.5. Effects of withdrawal
8.5.1. If you withdraw from this contract, we will reimburse to you any sums we have received from you, without undue delay and in any event not later than 14 calendar days from the date on which you communicate to us your decision to withdraw from this contract. We will reimburse you using the same payment method that you used for the initial transaction, unless you have expressly agreed to another method of reimbursement; in any case, you will not be charged any fees as a result of such reimbursement. However, you will bear the cost and risk of returning the products.
8.5.2. Without prejudice to the above, we may postpone the refund until we receive the products back or until you provide us with evidence that you have sent the products back, whichever occurs first.
8.5.3. The products shall be returned without undue delay and, in any case, within a maximum of 14 calendar days from the date on which you communicated your withdrawal to us, to the following address: Strada Ceasornicului 9, Sector 1, Bucharest. If the products were collected in person from one of the MARSAY showrooms, the return shall be made to the same location. The 14 calendar day period is met if the products are sent/handed back before the expiry of the 14 calendar day period.
8.5.4. The costs associated with returning the products will be your sole responsibility. If you wish to return the products with a refund, we have the right to refuse to take delivery of the package.
8.5.5. The full refund of the paid amount will be made only if the returned products are in the condition in which you received them, do not show physical changes, signs of wear, lack of labels, instructions/related documentation and original packaging (which must be complete and undamaged). The responsibility for damage or loss of the product sent as a return to MARSAY belongs exclusively to the buyer.
8.5.6. If the product has been used by the buyer and can no longer be returned in perfect condition, MARSAY will not be able to refund its value. You are therefore responsible for any diminution in the value of the products resulting from manipulations other than those necessary to determine the nature, qualities and functioning of the products.

8.6. You cannot use the right of withdrawal from the types of contracts mentioned below, nor from other types of contracts for which the law provides express exceptions to this right:
8.6.1. service contracts, after the complete provision of the services, if the execution has begun with the express prior consent of the buyer, who hereby declares that he has become aware of the fact that he will lose his right of withdrawal after the complete execution of the Contract by the Seller;
8.6.2. contracts whose object is the supply of products manufactured according to the specifications presented by the buyer or customized according to his requests;
8.6.3. contracts that have as their object the supply of sealed goods that cannot be returned for health protection or hygiene reasons and that have been unsealed by the Buyer;
8.6.4 contracts whose object is the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other elements;
8.6.5. contracts where the buyer has specifically requested the seller to travel to his home to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the seller provides other services than those expressly requested by the buyer or supplies other products than the spare parts indispensable for carrying out the maintenance or repair work, the right of withdrawal applies to those additional services or goods.

9. LIABILITY AND DISCLAIMER OF LIABILITY

9.1. Our liability in relation to any product purchased through the online store is strictly limited to the price paid by the buyer for that product.

9.2. Although MARSAY carefully monitors the prices and products displayed on the website, we reserve the right to modify any incorrectly displayed price due to human, calculation, editing or technical errors that may occur, as well as in the event that changes are imposed by special legal provisions. MARSAY will not be held liable for displaying incorrect prices or information due to technical errors/malfunctions that may occur within the online store.
9.2.1. MARSAY shall not be obliged to sell its products at incorrectly displayed prices (even when the delivery confirmation has been sent), if the price error is obvious, and this state of affairs could reasonably be recognized by the buyer as an error.

9.3. Products sold through the online store often exhibit the characteristics of the natural materials used in their manufacture. Such characteristics (such as differences/variations in fiber, texture, color, the existence of textural imperfections, etc.) shall not be considered defects or damage to the products that exhibit them.

9.4. MARSAY cannot be held liable for any of the situations listed below:

9.4.1. internet network malfunctions that may affect the use of the online store;
9.4.2. errors occurring in the devices responsible for the proper functioning of the communication lines between the buyer and MARSAY;
9.4.3. loss of documents (in printed or electronic format) or computer data;
9.4.4. improper functioning of any software programs;
9.4.5. blockages of any kind resulting from the provision of erroneous or incomplete data during the acquisition process;
9.4.6. technical and/or human errors of any kind;
9.4.7. the images published on the site are consistent with reality, but sometimes the color shades of the products reproduced on the website may differ slightly in reality; MARSAY will not be held liable for such differences;
9.4.8. cases of force majeure or events beyond its control, in which case the assumed deadlines will be extended accordingly;
9.4.9. fraud committed by third parties to the detriment of any user;
9.4.10. any direct or indirect damage caused by registering in the online store or using it, regardless of the reason.

9.5. No content transmitted to the buyer/user by any means of communication or acquired by him/her through access, visit and/or viewing constitutes a contractual obligation on the part of MARSAY with respect to that content.

10. WARRANTY

10.1. The products sold through the online store are new, in their original packaging and have the characteristics indicated in their description.

10.2. MARSAY grants a warranty period for products sold through the online store for defects not attributable to the consumer in accordance with legal provisions. The commercial warranty granted by MARSAY is 30 calendar days from the moment of delivery of the product. To apply the warranty, the purchase invoice and the warranty certificate, in original, are required. Any complaints regarding the quality of the products during the warranty period will be addressed to MARSAY using the contact details available on the online store website. The warranty covers the lack of conformity existing at the time of purchase of the product, not covering normal wear and tear of the product. The warranty offered does not affect the rights conferred on the consumer by the legislation in force.

10.3. In order to benefit from the commercial warranty applicable to the ordered product, you are obliged to use, handle and exploit the product in accordance with the recommendations received from MARSAY.

10.4. MARSAY offers warranty insurance options depending on the defect: product repair, replacement or refund of the product value, under the terms of the legislation in force. The remedial measure can be established through joint negotiation.

11. INTELLECTUAL PROPERTY

11.1. The entire content of the website www.marsay.ro is the property of MARSAY Concept SRL and is protected by copyright law. To report a possible copyright infringement noticed on the website, please contact us at orders@marsay.ro

11.2. All copyrights, trademarks and other intellectual property rights in all materials or information contained in this website (images, texts, graphics, symbols, Web graphics, scripts, programs, logos, databases) belong exclusively to us. You have the right to use these materials or information only with our prior consent.

12. ASSIGNMENT AND SUBCONTRACTING

12.1. MARSAY may transfer/assign/subcontract/strike a contract or any of its rights and obligations arising therefrom at any time, without this affecting, limiting or reducing the legal rights of the buyer. The buyer's consent for such an operation is not required.

12.2. The Buyer will be able to transfer/assign/subcontract/encumber a contract or any of its rights and obligations arising from it only with the prior consent of MARSAY.

13. SECURITY OF PERSONAL DATA

13.1. MARSAY ensures, under the terms of the law, the confidentiality of users' personal data and the respect of their right to privacy. This obligation does not apply to information deliberately disclosed by users to third parties, before or after placing an order in the online store. The management of personal data is carried out by MARSAY in full compliance with the provisions of law no. 677/2001, the law on the protection of individuals with regard to the processing of personal data and the free movement of such data.

13.2. However, the use of our online store is equivalent to your acceptance of the opportunities and the assumption of the restrictions associated with the use of the Internet, in particular with regard to technical performance and any possible errors. You therefore assume all responsibility for the orders placed and the transactions involving the use of personal data. In view of the above, please ensure that your data is controlled and provided appropriately. You are responsible for protecting your personal data necessary for registration in the online store from third parties as well as for the purchases made through the online store.

13.3. By placing an order in our online store and filling in your personal data in the registration forms, you:

13.3.1. You express your firm, express and unequivocal consent for MARSAY to process, under the law, the personal data contained in the order form, mainly for:
- contacting you;
- order processing and purchasing purposes;
- marketing and market research activities (sending newsletters, commercial offers and information to the e-mail addresses communicated. Unsubscribing from such newsletters can be done at any time, at the express request of the client);
- tracking sales trends in order to produce relevant statistics;
- contests, promotions and providing access to forums or other sections of the site;
- non-commercial/administrative information (regarding changes to the site, administration, etc.);
13.3.2. You express your firm, express and unequivocal consent for MARSAY to undertake with regard to personal data any automatic and/or non-automatic operation or set of operations aimed at collecting, recording, organizing, storing in its own records (computer and/or non-computer), displaying, adapting or modifying, extracting, consulting, using, copying, interpreting, editing, disclosing and/or distributing to the persons responsible for fulfilling the order (including subcontractors, courier company, etc.) by transmission, dissemination or, in any other way, joining or combining, blocking, deleting or destroying the respective data, for operations such as those mentioned in point 13.3.1. above.
13.3.3. You agree that you have taken note of the fact that you can exercise all the rights provided for by Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, in particular the following rights:
- The right of access to personal data, consisting of the right to obtain from MARSAY, upon request and free of charge, for one request per year, confirmation of the fact that personal data are or have not been processed by it. This right may be exercised on the basis of a written, dated and signed request addressed to MARSAY, in which the home address of the person exercising this right shall be mentioned. A legible photocopy of the applicant's identity document shall be attached to the request. MARSAY's response shall be communicated to the applicant within a maximum period of 15 calendar days from the date of receipt of the request.
- The right to intervention, consisting of the right to obtain, upon request and free of charge, the rectification, updating, blocking, erasure or transformation into anonymous data of data whose processing is not in accordance with the law, in particular incomplete or inaccurate data, or the updating of such data and towards third parties to whom the data on which intervention was carried out had been disclosed (to the extent that such an operation is possible). This right may be exercised on the basis of a written, dated and signed request addressed to MARSAY, which shall mandatorily mention the home address of the person exercising this right, as well as the data on which intervention is requested, the justified reason and the method of intervention. A legible photocopy of the applicant's identity document shall be attached to the request. MARSAY's response shall be communicated to the applicant within a maximum of 15 calendar days from the date of receipt of the request.

- The right to object, consisting in the right to object at any time, for justified and legitimate reasons related to his particular situation, to the data concerning him being processed, except in cases where there are contrary legal provisions. This right may be exercised on the basis of a written, dated and signed request addressed to MARSAY, which must include the home address of the person exercising this right, as well as the data on which the opposition is requested and the justified and legitimate reason related to the particular situation of the person. A legible photocopy of the applicant's identity document will be attached to the request. MARSAY's response will be communicated to the applicant within a maximum of 15 calendar days from the date of receipt of the request.

14. APPLICABLE LAW AND JURISDICTION

14.1. The use of our online store and contracts for the purchase of products sold through this store are governed by Romanian law.

14.2. Any disagreement arising from or in connection with the use of the website www.marsay.ro, the related online store or in connection with the contracts mentioned in the previous paragraph, if it cannot be resolved amicably, will be submitted for resolution to the competent courts at the MARSAY headquarters.

14.3. Any complaints from buyers will be addressed in writing to orders@marsay.ro, telephone number 0741 189 973, so that they can be resolved amicably.